Qualified Employees can Be Full-time

Most staff members who certify are entitled to take nowadays off work and be paid public vacation pay.

Alternatively, the staff member can agree electronically or in writing to work on the vacation and be paid:

– public holiday pay plus premium pay for all hours dealt with the public holiday and not get another day of rest (called a “replacement” vacation);.
or.

– be paid their routine wages for all hours dealt with the public holiday and get another alternative holiday for which they should be paid public holiday pay.

Some employees may be needed to work on a public holiday. (See “Special guidelines for specific markets” later in this Chapter.) While a lot of staff members are qualified for the public vacation privilege, some staff members work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a job is covered, or if special rules use, please describe the Guide to employment standards unique guidelines and exemptions.

Use the Employment Standards Self-Service Tool to examine compliance with public vacations and other employment standards privileges.

See “Public holiday pay” later on in this chapter.

Regular wages does not consist of any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to an employee.

While some companies provide their workers a on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

Some workers perform more than one kind of work for an employer. Some of this work may be covered by the public holiday part of the ESA, while another kind of work might be exempt from public vacation coverage.

If an employee performs both kinds of work, exempt and covered, they are eligible for the general public vacation privilege with respect to a specific public vacation if at least half of the work carried out in the work week of the general public holiday is work that is covered.

Rupert works for a taxi company as both a taxi cab motorist (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the public vacation privilege for Canada Day.

Getting approved for public holiday privileges

Generally, staff members qualify for the public vacation privilege unless they:

– stop working without sensible cause to work all of their last frequently set up day of work before the general public vacation or all of their first frequently arranged day of work after the public holiday (this is called the “Last and First Rule”);.
or.

– stop working without sensible cause to work their whole shift on the public holiday if they accepted or were needed to work that day.

Note: Most staff members who stop working to qualify for the public holiday privilege are still entitled to be paid premium pay for every hour they work on the holiday.

Qualified staff members can be full time, part time, long-term or job on term agreement. It does not matter how recently they were employed, or the number of days they worked before the general public holiday.

The “last and very first guideline”

The “last regularly set up day of work before the general public vacation” and the “first regularly arranged day of work after the general public holiday” do not need to be the days right previously and right after the holiday.

For example, a worker might not be arranged to work the day right before or after the holiday. As long as the employee works all of their last frequently arranged shift before the vacation and all of the first one after it, or has sensible cause for not working either of those days, job they meet this qualifying criterion.

Reasonable cause

A worker is generally thought about to have “affordable cause” for missing out on work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had affordable cause for remaining away from work. If they can do so, they still receive public vacation entitlements.

How the last and very first rule works

Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s office closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has affordable cause for failing to work either of those days, she qualifies to be paid for the vacation.

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s workplace shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for approval to take off the Thursday before the general public holiday because he has a personal visit. His employer agrees. Lev’s last routinely arranged work day before the holiday is now considered to be on the Wednesday.

If Lev works his whole Wednesday shift before the holiday and his whole Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he receives the paid public vacation.

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s workplace is closed for the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, job she desires to leave at 3 p.m. on the Thursday before the public holiday. The company concurs. Doris’s regularly set up shift on the Thursday before the public holiday is now thought about to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When an employee is on getaway

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently scheduled shift before his trip and very first regularly scheduled shift after his holiday – on June 24 and July 10 – or has affordable cause for failing to do so, he will receive the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last routinely set up day of work before her leave, and her first frequently scheduled day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no reasonable cause

A public vacation falls on a Monday, and Ellen’s workplace is closed for the vacation. Ellen does not deal with her last scheduled day before the vacation, and she does not have affordable cause for missing out on that day. She gets no pay for the holiday.

Public vacation pay

The amount of public holiday pay to which an employee is entitled is all of the regular earnings made by the worker in the four work weeks before the work week with the general public vacation plus all of the holiday pay payable to the staff member with respect to the four work weeks before the work week with the public holiday, divided by 20.

When to consist of vacation pay in the calculation of public vacation pay

The quantity of trip pay payable to consist of in the computation of public holiday pay depends upon whether the staff member is on trip at any time throughout the four work weeks prior to the general public vacation, and the way in which the staff member is to be paid holiday pay. Please describe the Vacation chapter for information on the different methods vacation pay can be paid.

Vacation pay payable

If the staff member is to be paid their getaway pay before they take a vacation or on or before the pay day for the period in which the getaway falls, trip pay will be included in the calculation of public holiday pay if the worker was on vacation during that four work week duration. If the staff member was not on vacation throughout that period, no holiday pay will be consisted of in the estimation.

If the employee is to be paid vacation pay with every pay cheque the quantity of vacation pay to include in the estimation of public vacation pay will be at least four percent of all of the employee’s earnings made during the four work week duration. (Note that if a staff member makes a higher portion of trip pay, such as 6 percent of incomes, then the “trip pay payable” will be based on that higher percentage.)

If an employee is to receive their vacation pay in a swelling amount on a certain date or dates, trip pay will be consisted of in the calculation of public vacation pay only if that date or dates falls throughout the relevant 4 work week duration.

Calculating the 4 work week period before the work week with a public vacation

The four weeks before the general public vacation is based on the employer’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the four work weeks used to calculate public holiday pay are those 4 weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general public vacation falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public holiday: Tuesday, December 25

In this example, the routine wages earned by the staff member and the vacation pay payable to the employee with respect to the four work weeks from November 22 to December 19 are utilized in the estimation of public vacation pay.

Calculating public holiday pay

Iryna works five days a week and earns $120 a day. She worked her last frequently scheduled work day before the public vacation and her first frequently arranged day after the vacation. She receives her trip pay when her trip is taken. She was not on vacation throughout the four work weeks leading up to the public vacation.

1. Calculate Iryna’s total regular wages made:
$ 120 each day X 5 days = $600 weekly
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular earnings in the 4 work weeks before the general public holiday.

2. Calculate the amount of getaway pay payable with regard to the four work week period:.
Iryna receives her trip pay when she takes her holiday. Because she was not on trip during the four work week period, the quantity of holiday pay payable with respect to the 4 work weeks before the general public vacation = $0.

3. Total her total wages earned and getaway pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When getaway time is involved

Brock works 5 days a week and makes $160 a day. He was on holiday for 2 of the four weeks before the public holiday. He gets trip pay before he takes his trip. He is paid $1,600 vacation pay for his two weeks of vacation. Brock worked his last regularly arranged work day before the general public vacation and his first routinely scheduled work day after the holiday.

1. Calculate Brock’s overall regular wages earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

2. Calculate the quantity of getaway pay:.
Brock was on vacation for 2 of the four work weeks prior to the work week with the public vacation, and is paid vacation pay before he takes his holiday. The amount of getaway pay payable with regard to the four work weeks prior to the work week with the general public vacation = $1,600.

3. Combine his overall incomes earned and getaway payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

Example: When an employee works part-time and each pay cheque consists of getaway pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely scheduled work day before the public vacation and her very first frequently scheduled day after the holiday. She and her company have actually agreed in writing that she will receive four percent trip pay on each paycheque.

1. Calculate Tegan’s routine wages earned:.
$ 120 each day X 3 days = $360 weekly.
$ 360 each week X 4 weeks = $1,440.

2. Calculate her getaway pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 per week.
$ 14.40 each week X 4 weeks = $57.60.

3. Combine her regular incomes made and getaway pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque consists of holiday pay

Bertie does not work a set number of hours each day or days per week. Her pay differs from week to week, according to the time she has worked. She and her company have actually concurred in writing that she will get 4 percent holiday pay on each pay cheque.

1. Bertie’s routine incomes made throughout the 4 work weeks before the holiday are $1,500.

2. Calculate her holiday pay payable:.
$ 1,500 X 4% = $60.

3. Add together her regular earnings earned and holiday pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public holiday pay.

Example: When an employee is on a leave

Zoe normally works five days a week, making $120 a day. She receives vacation pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid salaries or trip pay. She got maternity and parental take advantage of the federal Employment Insurance program, but these benefits are ruled out “wages.”

Zoe is entitled to get public holiday spend for the public vacations that fall during her leave as long as she works her last routinely arranged day before her leave and her very first frequently set up day after her leave, or has affordable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked seven days during the 4 work weeks before the Canada Day public holiday. Her public vacation pay for Canada Day is:

– Regular incomes earned: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on getaway throughout the four work week duration).

– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.

Her public holiday spend for the rest of the public vacations that fall during her leave will be $0. This is because she will not have actually earned any earnings or trip pay on any of the days during the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene usually works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or trip pay. He received employment insurance coverage advantages throughout this time, but these advantages are not thought about “wages.”

Eugene was remembered to deal with December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last regularly arranged day before the layoff and his first frequently set up day after the layoff, or has reasonable cause for stopping working to do so.

However, since Eugene did not make any incomes or holiday pay in the 4 work weeks before those 2 public vacations, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s regular rate of pay. If a staff member is entitled to receive superior pay for deal with a public vacation, they should be paid 1 1/2 times their regular rate of pay for each hour worked.

For instance, Nathan’s regular rate of pay is $20 an hour. This suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

A substitute holiday is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public vacation spend for a substitute vacation.

A replacement vacation should be scheduled for a day that is no later than 3 months after the general public holiday for which it was earned, or, if the worker has agreed digitally or in writing, the substitute day off can be arranged as much as 12 months after the general public vacation.

If an employee gets an alternative vacation, the company must offer the staff member with a composed declaration that sets out the general public holiday that is being replaced, the date of the replacement vacation, and the date that the declaration was provided to the employee. This declaration needs to be supplied to the worker before the public vacation.

Entitlements for public holidays

Entitlements for public vacations differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the employee deals with the vacation. The various privileges are set out listed below.

When a public vacation falls on a working day but the worker does not work

Most workers can get the public vacation off and make money public vacation pay. (Some workers might be needed to deal with a public vacation. See “Special guidelines for specific markets” later on in this chapter.)

When a public holiday falls on a staff member’s non-working day or throughout an employee’s trip

When a public vacation falls on a day that is not normally a working day for an employee, or throughout the worker’s getaway, the worker is entitled to either:

– a substitute vacation off with public holiday pay;.
or.

– public vacation pay for the public vacation, if the staff member concurs to this electronically or in writing (in this case, the worker will not be given a substitute day of rest).

When a staff member who receives the day of rest has agreed digitally or in writing to deal with a public vacation

Most employees deserve to get the general public holiday off and get paid public holiday pay. However, if a worker concurs digitally or in writing to deal with the public holiday, there are 2 choices:

– the worker is entitled to get regular incomes for all hours worked on the general public holiday, plus an alternative day off work with public vacation pay;.
or.

– if the staff member concurs digitally or in composing, they are entitled to public vacation pay for the general public holiday plus premium pay for all hours worked on the general public vacation. In this case, the employee will not be provided a substitute day off.

Example: Calculating public vacation pay plus premium pay

A public holiday falls on among John-Duncan’s typical working days. He and his employer have concurred digitally or in writing that he will work on the public vacation which, rather of getting a replacement vacation, he will be paid public vacation pay plus premium spend for all the hours he works on the vacation.

John-Duncan frequently works eight hours a day, five days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the four work weeks before the public holiday. He works 8 hours on the general public holiday. He receives his holiday pay when his holiday is taken. He was not on holiday during the 4 work weeks leading up to the public holiday

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s total routine earnings made in the four work weeks before the general public holiday:
8 hours each day X $20 per hour = $160 each day
$ 160 per day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the public holiday.

2. Calculate the amount of trip pay payable with respect to the four work week period:.
John-Duncan gets his trip pay when he takes his getaway. Because he was not on trip during the four work week period, the amount of trip pay payable with respect to the four work weeks before the public vacation = $0.

3. Add together his total salaries made and getaway pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public holiday pay entitlement is $160.

Step 2: calculate exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the general public holiday is computed:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay entitlement is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and superior pay of $240, for an overall of $400.

When a staff member accepts deal with a public holiday but fails to do so

If a worker has actually agreed digitally or in composing to deal with the public vacation however does not do so – and does not have reasonable cause for not having actually done so – the employee has no right to public vacation pay or to an alternative day of rest with pay.

However, if the staff member has sensible cause for not working the general public vacation, then entitlements will depend on which of the two choices below the staff member selected in exchange for accepting work on the general public vacation:

– if the employee had agreed electronically or in writing to work on the public vacation for routine salaries plus an alternative day of rest with public holiday pay, the staff member is entitled to a substitute day of rest deal with public holiday pay;.
or.

– if the staff member had agreed electronically or in writing to work on the general public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The worker is not entitled to get any premium pay since they did not perform any deal with the vacation.

When an employee works only a few of the hours they consented to deal with a public vacation

If an employee has agreed electronically or in writing to work on the public holiday however works only some of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is only entitled to receive premium spend for each hour dealt with the holiday. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A common case

Trudi had actually concurred in composing that she would work eight hours on Canada Day however she just worked four hours and did not have sensible cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the four hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the worker has reasonable cause for working just a few of the hours they consented to deal with the general public holiday, then:

– the employee is entitled to their routine rate for all the hours worked plus a substitute day of rest deal with public holiday pay;.
or.

– if the staff member had agreed electronically or in composing to deal with the general public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the holiday.

Special guidelines for certain industries

Special rules use to employees who operate in the list below kinds of organizations:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– hospitals and retirement home;.

– continuous operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week – such as an oil refinery, alarm-monitoring business or the games part of a gambling establishment if the video games tables are open all the time).

A worker who works in any of these organizations can be required to deal with a public holiday without their agreement, however only if the vacation falls on a day that the employee would normally work and the staff member is not on trip.

If a worker is needed to work, they are entitled to either:

– their routine rate for the hours dealt with the public vacation, plus an alternative day off work with public vacation pay;.
or.

– public vacation pay plus premium spend for each hour worked.

The company chooses which of these alternatives will apply.

Note that the company’s ability to require workers to deal with a public holiday goes through the employee’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the regards to the employee’s work contract. Note also that certain retail workers who work in continuous operations (for example, a 24-hour corner store) can refuse to work on a public vacation because of the unique rules that use to some retail employees. See the “Retail workers” chapter of this guide for more info.

An employee in the formerly listed services who is required to work on a public holiday that falls on their normal working day but fails to do so, with sensible cause, is entitled to:

– a replacement vacation with public vacation pay;.
or.

– public holiday spend for the vacation.

The employer picks which choice will apply.

A staff member in any of these services who is required to work on a public holiday that falls on their common working day however who fails, with reasonable cause, to work some of the hours they were needed to deal with the vacation is entitled to either:

– their routine rate for each hour worked on the vacation plus a substitute vacation with public holiday pay;.
or.

– public holiday spend for the vacation plus premium spend for each hour worked.

The employer picks which option will apply.

An employee in any of these companies who is needed to deal with a public holiday that falls on their ordinary working day but who fails, without reasonable cause, to work part or all of the public vacation is just entitled to get exceptional pay for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or a substitute day of rest work.

Overtime computations when a staff member receives superior pay

Any hours dealt with a public vacation that are compensated with superior pay are not included when identifying whether a worker has actually worked any overtime hours.

If employment ends

Sometimes a staff member’s task concerns an end before the staff member can take a substitute holiday with public holiday pay that they have earned. In this case, the employer should pay the worker’s public holiday pay at the exact same time it pays the employee’s last earnings. This is so regardless of the factor the job concerned an end, whether it is because the employee quit, was fired for great reason, or for some other factor.